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THE GOVERNMENT

THE GOVERNMENT

DECREE No.70-CP OF JUNE 12, 1997 ON COURT CHARGES AND FEES

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Criminal Proceedings Code of August 26, 1988;

Pursuant to the Ordinance on the Procedure of Settling Civil Lawsuits of November 29, 1989;

Pursuant to the Ordinance on the Recognition and Enforcement in Vietnam of Civil Verdicts and Decisions of Foreign Courts of April 17, 1993;

Pursuant to the Law on the Bankruptcy of Enterprises of December 30, 1993;

Pursuant to the Ordinance on the Procedure of Settling Economic Lawsuits of March 16, 1994;

Pursuant to the Ordinance on the Procedure of Settling Labor Disputes of April 11, 1996;

Pursuant to the Ordinance on the Procedure of Settling Administrative Lawsuits of May 21, 1996;

At the proposal of the Minister of Justice and with the agreement of the President of the Supreme People�s Court,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-

1. The Court charges stipulated in this Decree include the following:

- Criminal Court charges;

- Civil Court charges;

- Economic Court charges;

- Labor Court charges;

- Administrative Court charges.

2. The fees stipulated in this Decree include the following:

- Fee for issuing copies of excerpts from a verdict or a decision;

- Fee for issuing copies of a verdict or a decision;

- Fee for issuing copies of a certificate on cancellation of a verdict;

- Fee for filing an application requesting the Vietnam Court to recognize and enforce in Vietnam a civil verdict or decision of a foreign Court;

- Fee for filing an application requesting the Vietnam Court not to recognize a civil verdict or decision of a foreign Court which does not request its enforcement in Vietnam;

- Fee for filing an application requesting the Vietnam Court to recognize and enforce in Vietnam a decision of a foreign Arbitrator;

- Fee for settling the bankruptcy of an enterprise;

- Fee for filing an application requesting the Court to declare a strike legal or illegal.

Article 2.-

1. All the Court charges and fees collected must be remitted fully and promptly to the State budget through the system of State treasuries.

2. The advance payments for Court charges and fee shall be remitted to the authorized verdict-enforcement agency to be deposited in a temporary account opened at the State Treasury and drawn to enforce a verdict handed down by the Court.

3. In case the person who has made an advance payment of Court charges and fees mentioned in Point 2 of this Article is refunded part or all of his/her advance payment, the verdict-enforcement agency which has collected the advance payment must apply the procedure of refunding him/her. In case the person who has made an advance payment for Court charges and fees must pay his/her Court charges, then right after the verdict or decision of the Court becomes effective, the advance payment collected must be remitted to the State budget.

4. When collecting an advance payment of Court charges and Court charges, and an advance payment for fees and fees, the Court and the verdict-enforcement agency must use the receipts issued solely by the Ministry of Finance.

Chapter II

CRIMINAL COURT CHARGES

Article 3.- The Criminal Court charges include charges for the first-instance Criminal Court, charges for the first-instance and last-instance Criminal Court, and charges for the Criminal Court of Appeal.

The uniform charge for the first-instance Criminal Court, the first-instance and last-instance Criminal Court, and the Criminal Court of Appeal is 50,000 VND.

Article 4.- The charges for the first-instance Criminal Court and the charges for the first-instance and last-instance Criminal Court are stipulated as follows:

1. A convict must pay the charge for the first-instance Court at the rate stipulated in Article 3 of this Decree.

2. In case a lawsuit is started at the request of the victim, and if the Court declares the accused not guilty, then the victim who has started the lawsuit must pay the charge at the rate stipulated in Article 3 of this Decree.

3. Concerning the civil liability to compensate for damage in criminal lawsuits, the person who is obliged to compensate must pay the charge of first-instance Court at the rate stipulated in Article 7 and Article 11 of this Decree, unless he/she is exempted from the Court charges as stipulated in Article 13 of this Decree.

Article 5.- The charges for the Criminal Court of Appeal are stipulated as follows:

1. The appellant must pay the charge for the Court of Appeal, if the Court of Appeal fully retains the criminal decision of the verdict and the first-instance decision on him/her.

2. The appellant must pay charges for the Court of Appeal, if the lawsuit is started at his/her request, and the Court of Appeal fully retains the decision of the verdict, the first-instance decision, and declares the accused not guilty.

3. If the appellant withdraws his/her appeal before the opening of or during an appeal court hearing, he/she shall not have to pay the Court of Appeal charges.

4. The Procuracy which protests shall not have to pay the Court of Appeal charges.

5. Concerning the civil liability to compensate for damage in criminal lawsuits, the appellant must pay charges for the Civil Court of Appeal as stipulated in Article 8 and Article 12 of this Decree, unless he/she is exempted from Court charges as stipulated in Article 13 of this Decree.

Chapter III

CIVIL COURT CHARGES

Article 6.- The Civil Court charges include charges for the first-instance Civil Court, charges for the first-instance and last-instance Civil Court, and charges for the Civil Court of Appeal.

Article 7.-

1. The charge for the first-instance Civil Court and for the first-instance and last-instance Civil Court for unspecified civil lawsuits is 50,000 VND.

2. The charge for the first-instance Civil Court and for the first-instance and last-instance Civil Court for specified civil lawsuits is stipulated as follows:

Value of property disputed Charge rates

a/ 1,000,000 VND or less 50,000 VND

b/ From above 1,000,000 VND to 100,000,000 VND 5% of the value of the disputed property

c/ From above 100,000,000 VND to 200,000,000 VND 5,000,000 VND + 4% of the part of value of the disputed property that exceeds 100,000,000 VND

d/ From above 200,000,000 VND to 500,000,000 VND 9,000,000 VND + 3% of the part of value of the disputed property that exceeds 200,000,000 VND

e/ From above 500,000,000 VND to 1000,000,000 VND 18,000,000 VND + 2% of the part of value of the disputed property that exceeds 500,000,000 VND

f/ Above 1,000,000,000 VND 28,000,000 VND + 0.1% of the part of value of the disputed property that exceeds 1,000,000,000 VND

3. With regard to marriage and family lawsuits involving a dispute in the division of the common property of husband and wife, in addition to paying the Court charges stipulated in Point 1 of this Article, the persons concerned must also pay Court charges for the part of the disputed property as ordinary civil lawsuits stipulated in Point 2 of this Article in proportion to the value of the part of property they receive.

Article 8.- The charge for the Civil Court of Appeal for all types of civil lawsuit is 50,000 VND.

Article 9.- The obligation to make an advance payment for Civil Court charges is stipulated as follows:

1. The plaintiff or the defendant who has a claim to the plaintiff, and the person with concerned interest and obligation who has an independent claim in an unspecified or specified civil lawsuit involving one million VND or less must advance 50,000 VND as first-instance Court charge. In a specified civil lawsuit mentioned in Items b, c, d, e, and f, Point 2, Article 7, of this Decree, they must make an advance payment of first instance Court equal to 50% of the charge rate of the first-instance Court estimated by the Court based on the value of the disputed property, unless they are exempted from advance payment of Court charge, or exempted from Court charge as stipulated in Article 13 of this Decree.

2. The appellant under the procedure of appeal must make an advance payment for charges to the Court of Appeal within the time of appeal, at the rate stipulated in Article 8 of this Decree, except he/she is exempted from paying in advance Court charge, or exempted from paying Court charge as stipulated in Article 13 of this Decree.

Article 10.- In the following cases, the advance payment made for Court charge shall be determined as follows:

1. If a person who has paid in advance charge for a first-instance hearing or charge for an appeal court hearing withdraws his/her lawsuit before the opening of the first-instance hearing or his/her appeal before the opening of the appeal court hearing, he/she shall be refunded 50% of the advance payment.

2. A person who has paid in advance Court charge shall be fully refunded if the Court decides that he/she is not liable to pay Court charge, or shall be refunded the difference if the Court decides that he/she is obliged to pay less than the advance payment he/she has already made.

3. If the settlement of a civil lawsuit is suspended as stipulated in Points 1 and 3, Article 46, of the Ordinance on the Procedure of Settling Civil Lawsuits, the advance payment for Court charge shall be remitted to the State budget.

Article 11.- The liability to pay charge for the first-instance Civil Court is stipulated as follows:

1. All concerned persons must pay first-instance Civil Court charges for their request even if it is not accepted by the Court, unless they are exempted from Court charges as stipulated in Article 13 of this Decree.

If the persons concerned request the Court to divide the common property which they themselves cannot divide, they must pay first-instance Civil Court charges at the rates stipulated for the specified civil lawsuits mentioned in Article 7 of this Decree proportionally to the value of the part of property they receive.

2. If before opening a hearing, the Court can reconcile the persons concerned in settling the dispute, these persons must pay only 50% of the charge stipulated in Article 7 of this Decree. The persons concerned can discuss and agree with each other on the amount each side has to pay; if they fail to reach agreement, the Court shall give the final decision.

3. Concerning divorce cases, the plaintiff must pay first-instance Civil Court charges whether the Court accepts or refuses his/her request. In case both spouses agree to divorce, each side has to pay half of the first-instance Civil Court charges.

4. If the settlement of a lawsuit is temporarily suspended, the Court charge shall be decided when it is resumed.

5. If one of the persons concerned is exempted from Court charge, the other person(s) must still pay his/her share of the Court charge as provided for in Points 1, 2, 3 and 4 of this Article.

Article 12.- The liability to pay charge to the Civil Court of Appeal is stipulated as follows:

1. A person who appeals must pay charge to the Civil Court of Appeal, even if the Court of Appeal decides to fully retain the first-instance verdict or decision.

2. The appellant shall not have to pay charge to an appeal court if the Court of Appeal decides to alter the first-instance verdict or decision, or annul part or the whole of the first-instance verdict or decision.

Article 13.-

1. The following cases shall not have to make advance payment of Court charges and shall be exempted from paying Court charges:

a) A person who requests the granting of living allowances for, or who requests the identification of the father and mother of, an illegitimate juvenile;

b) Cases involving the loss of lives, or damage to health;

c) Persons who demand compensation in criminal lawsuits and administrative lawsuits, but whose demand is rejected by the Court;

d) A person who complains about the list of voters.

2. The Procuracy which starts a prosecution, or a social organization which starts a legal action for public interests shall not have to make an advance payment of Court charges or to pay Court charges.

3. Those persons who are in financial difficulty and who are certified as such by the People�s Committee of the commune, ward, township, public agency or social organization where they reside or work can be exempted by the Court from paying in advance part or all of the Court charges, and can be exempted by the Court from part or all of the Court charge.

Chapter IV

ECONOMIC COURT CHARGES

Article 14.- The Economic Court charges include charges for the first-instance Economic Court and charges for the Economic Court of Appeal.

Article 15.-

1. The charge rate of the first-instance Economic Court for unspecified economic lawsuits is 500,000 VND.

2. The charge rates of the first-instance Economic Court for specified economic lawsuits are stipulated as followed:

Value of economic dispute Charge rates

a) 10,000,000 VND or less 500,000 VND

b) From above 10,000,000 VND to 100,000,000 VND 5% of the value of the economic dispute

c) From above 100,000,000 VND to 200,000,000 VND 5,000,000 VND + 4% of the part of the disputed value that exceeds 100,000,000 VND

d) From above 200,000,000 VND to 500,000,000 VND 9,000,000 VND + 3% of the part of the disputed value that exceeds 200,000,000 VND

e) From above 500,000,000 VND to 1,000,000,000 VND 18,000,000 VND + 2% of the part of the disputed value that exceeds 500,000,000 VND

f) From above 1,000,000,000 VND 28,000,000 VND + 0.1% of the part of the disputed value that exceeds 1,000,000,000 VND

Article 16.- The charge rate of the Economic Court of Appeal for all economic lawsuits is 200,000 VND.

Article 17.- The liability to make an advance payment for Economic Court charges is stipulated as follows:

1. The plaintiff or the defendant who has an independent claim to the plaintiff, and the person with concerned interest and obligation who has an independent claim in economic lawsuits must pay in advance first-instance Court charges equal to 50% of the charge notified by the Court.

2. The person who appeals in accordance with the procedure of appeal must pay in advance charges to an appeal court at the rate described in Article 16 of this Decree. The Procuracy which protests in accordance with the procedure of appeal shall not have to make an advance payment of charges to the Appeal Court.

Article 18.- In the following cases, the advance payment of Economic Court charges shall be handled as follows:

1. If the person who has paid in advance charges to the First-instance Court or charges to an Appeal Court withdraws his/her application before the opening of the First-Instance hearing or his/her appeal before the opening of the Appeal Court hearing, he/she shall be refunded 50% of the advance payment.

2. The person who has paid advance Court charges shall be fully refunded if the Court decides that he/she is not obliged to pay Court charges, or refunded the difference if the Court decides that he/she is obliged to pay less than the advance payment he/she has already made.

3. If the settlement of an economic lawsuit is suspended as stipulated in Items a, c, d, and e, Point 1, Article 39, of the Ordinance on the Procedure of Settling Economic Lawsuits, the advance payment made to the Court shall be remitted to the State budget.

Article 19.- The liability to pay charges for the first-instance Economic Court is stipulated as follows:

1. The persons who lose in a lawsuit must all pay first-instance Court charges even if their request is refused by the Court. Considering the charge rates specified in Article 15 of this Decree, the Court shall decide the charges the persons concerned are liable to pay.

2. If before opening a hearing, the Court can reconcile the persons concerned in settling the dispute, these persons must pay 50% of the charge rate specified in Article 15 of this Decree. The persons concerned can discuss and agree on the amount each side has to pay; if they fail to reach agreement, the Court shall give the final decision.

3. If the settlement of a lawsuit is temporarily suspended, the charges shall be decided when it is resumed.

Article 20.- The liability to pay charges to the Economic Court of Appeal is stipulated as follows:

1. The person who appeals must pay Court charges for his/her appeal if the Court of Appeal fully retains the first-instance verdict or decision.

2. The person who appeals shall not have to pay Court charges for his/her appeal if the Court of Appeal decides to alter the first-instance verdict or decision, or annul part or all of the first-instance verdict or decision.

3. The Procuracy which protests in accordance with the procedure of appeal shall not have to pay Court charges for its appeal.

Chapter VI

LABOR COURT CHARGES

Article 21.-

1. The Labor Court charges include charges for the First-Instance Labor Court and charges for the Labor Court of Appeal.

2. The charge rate of the first-instance Labor Court for unspecified lawsuits is 50,000 VND.

3. The charge rates of the First-Instance Labor Court for specified labor lawsuits is stipulated as follows:

The value of labor dispute Charge rates

a) 1,000,000 VND or less 50,000 VND

b) From above 1,000,000 VND to 100,000,000 VND 3% of the value of the dispute, but not less than 50,000 VND

c) From above 100,000,000 VND to 1,000,000,000 VND 3,000,000 VND + 2% of the part of value of the dispute that exceeds 100,000,000 VND

d) From above 1,000,000,000 VND 21,000,000 VND + 0.1% of the part of value of the dispute that exceeds 1,000,000,000 VND

Article 22.- The charge rate of the Labor Court of Appeal for all labor lawsuits is 50,000 VND.

Article 23.- The liability to make an advance payment for Labor Court charge is stipulated as follows:

1. The plaintiff or the defendant who has a claim to the plaintiff, the person with concerned interest and obligation who has an independent claim in unspecified labor lawsuits or in specified labor lawsuits worth 1,000,000 VND or less must advance 50,000 VND as first-instance Court charges; in labor lawsuits described in Items b, c, and d, Point 3, Article 21, of this Decree, they must make an advance payment for first-instance Labor Court charge equal to 50% of the charge of the first-instance Court estimated by the Court based on the value of the labor dispute, unless they are exempted from paying in advance Court charge, or exempted from paying Court charge as stipulated in Article 26 of this Decree.

2. The appellant under the procedure of appeal must pay in advance charges to the Court of Appeal within the time of appeal as stipulated in Article 22 of this Decree, unless they are exempted from paying in advance Court charges, or exempted from paying Court charges as stipulated in Article 26 of this Decree.

Article 24.- In the following cases, the advance payment made for Labor Court charge shall be handled as follows:

1. The person who has made advance payment for first-instance Court charge or Appeal Court charge shall be refunded 50% of the advance payment if he/she withdraws his/her application before the opening of the First-Instance hearing or his/her appeal before the opening of the Appeal Court hearing.

2. If before opening a hearing, the Court can reconcile the persons concerned in settling the dispute, they must pay only 50% of the first-instance charge rate as stipulated in Article 21 of this Decree. The persons concerned can discuss and agree on the amount each side has to pay; if they fail to reach agreement, the Court shall give the final decision. If reconciliation is arranged at the hearing, each side involved must pay half of the charge rate for the first-instance hearing.

3. The person who has paid advance Court charge shall be fully refunded if the Court decides that he/she is not obliged to pay Court charges, or refunded the difference if the Court decides that he/she is obliged to pay less than the advance payment.

4. If the settlement of a labor lawsuit is temporarily suspended, the Court charges shall be decided when it is resumed. If the settlement of a labor lawsuit is suspended as stipulated in Items a, c, d, and e, Point 1, Article 41, of the Ordinance on the Procedure of Settling Labor Disputes, the advance Court charge shall be remitted to the State budget.

Article 25.- The liability to pay charge for the First-Instance Labor Court and charge for the Labor Court of Appeal is stipulated as follows:

1. All persons concerned must pay first-instance Court charges if their request is not accepted by the Court, unless they are exempted from Court charges as stipulated in Article 26 of this Decree.

2. If one of the persons concerned is exempted from paying Court charges, the other person(s) must still pay his/her share of the Court charges at the rates stipulated in Article 21 of this Decree.

3. The person who appeals must pay charges for the Labor Court of Appeal, if the Court of Appeal fully retains the first-instance verdict or decision. The person who appeals shall not have to pay charges for the Labor Court of Appeal if the Court of Appeal alters the first-instance verdict or decision, or annuls part or the whole of the first-instance verdict or decision.

Article 26.-

1. The following cases shall not have to make advance payment or to pay Labor Court charges:

a) Laborers who demand wage payment, social insurance, or compensation for labor accidents or occupational diseases;

b) Laborers who demand compensation for, or sue against sacking or illegal termination of the labor contract;

c) Trade unions at grass-roots level which sue or appeal for the interests of the labor collective;

d) Trade unions at provincial level and trade unions of a branch which sue or appeal;

e) The Procuracy which starts a prosecution or protests.

2. The persons concerned who are laborers and who start a legal action requesting the Court to settle labor disputes which do not fall into the cases stipulated in Items a and b, Point 1, of this Article, may be exempted by the Court from making an advance payment of Court charges, or exempted from paying part or all of the Court charges, if they are in financial difficulty and are so certified by the People�s Committee of the commune, ward or township where they reside.

Chapter VI

ADMINISTRATIVE COURT CHARGES

Article 27.- The Administrative Court charges include charges for First-Instance Administrative Court, charges for the First-Instance and Last-instance Administrative Court, and charges for the Administrative Court of Appeal.

The charges for all types of administrative lawsuit is set at a single rate of 50,000 VND.

Article 28.- The person who starts an administrative lawsuit, or the person who appeals to an appeal court against the first-instance administrative verdict or decision, must advance 50,000 VND in Court charges, unless he/she is exempted from such advance payment or exempted from Court charges as stipulated in Article 31 of this Decree.

Article 29.-

1. If the person who has paid in advance First-Instance Court charges or Appeal Court charges withdraws his/her application before the opening of the First-Instance hearing or his/her appeal before the opening of the Appeal Court hearing, he/she shall be refunded 50% of the advance payment.

2. The person who has paid in advance Court charges shall be fully refunded if the Court decides that he/she is not obliged to pay Court charges, or shall be refunded the difference if the Court decides that he/she is obliged to pay less than the advance payment.

3. If the settlement of an administrative lawsuit is temporarily suspended, the Court charges shall be decided when it is resumed. If the settlement of an administrative lawsuit is suspended as stipulated in Items a and c, Point 1, Article 41, of the Ordinance on the Procedure of Settling Administrative Lawsuits, the advance payment shall be remitted to the State budget.

Article 30.- The liability to pay charges for the First-Instance Administrative Court, charges for the First-Instance and Last-Instance Administrative Court, and charges for the Administrative Court of Appeal is stipulated as follows:

1. The party who is sued against his/her administrative decision or administrative action must pay charges for the First-Instance Administrative Court, and charges for the First-Instance and Last-Instance Administrative Court, if the verdict or decision of the Court declares such administrative decision or administrative action unlawful. If the sued administrative decision or administrative action is fully retained by the Court, the person who starts the lawsuit must pay charges for the First-Instance Administrative Court, and charges for the First-Instance and Last-Instance Administrative Court, unless he/she is exempted from paying Court charges as stipulated in Article 31 of this Decree.

2. The person who appeals must pay charges for the Administrative Court of Appeal, if the Court of Appeal fully retains the first-instance verdict or decision.

3. The appellant shall not have to pay charges for the Administrative Court of Appeal, if the Court of Appeal alters the first-instance verdict or decision, or annuls part or the whole of the first-instance verdict or decision.

4. Regarding the civil liability to compensate for damage in administrative lawsuits, the person who is obliged to compensate must pay charges for the first-instance Civil Court as stipulated in Article 7 and Article 11; the appellant must pay charges for the Administrative Court of Appeal as stipulated in Article 8 and Article 12 of this Decree, unless he/she is exempted from Court charges as stipulated in Article 13 of this Decree.

Article 31.-

1. The following cases shall not be liable to advance payment for Court charges, and shall be exempted from paying Administrative Court charges:

a) Disabled soldiers, parents of fallen soldiers, and persons credited with services to the revolution who take a legal action against administrative decisions or administrative actions as stipulated in Article 11 of the Ordinance on the Procedure of Settling Administrative Lawsuits shall be exempted from paying Court charges.

b) The Procuracy which starts an administrative lawsuit, protests against a first-instance administrative verdict or decision shall not be liable to make an advance payment of Court charges, or to pay Court charges.

c) The other persons concerned shall be exempted from Court charges when they start a legal action against administrative decisions stipulated in Points 3 and 5, Article 11, of the Ordinance on the Procedure of Settling Administrative Lawsuits.

2. Persons in financial difficulty and certified as such by the People�s Committee of the commune, ward or township where they reside take a legal action against administrative decisions or administrative actions stipulated in Article 11 of the Ordinance on the Procedure of Settling Administrative Lawsuits, may be exempted by the Court from part or all of the Court charges.

Chapter VII

FEES

Article 32.- If the accused, the convict or other persons concerned who have been issued a copy of excerpts from the verdict or decision, or a full copy of the verdict or decision, ask for more copies of excerpts from the verdict or decision, or full copies of the verdict or decision, or copies of a certificate of acquittal, they shall have to pay a fee of 1,000 VND for a page.

Article 33.-

1. A person or organization that sends an application requesting the Vietnam Court to recognize and enforce in Vietnam a civil verdict or decision of a foreign Court; a person or organization that sends an application requesting the Vietnam Court not to recognize a civil verdict or decision of a foreign Court which does not request its enforcement in Vietnam; a person or organization that sends an application requesting the Vietnam Court to recognize and enforce in Vietnam a decision of a foreign Arbitrator, must all pay fees at the following rates:

- 500,000 VND for a person residing permanently in Vietnam, or an organization having its main office in Vietnam;

- 1,000,000 VND for a person not residing permanently in Vietnam, or an organization having no main office in Vietnam.

2. The fees must be paid fully in a lump sum at the agency which receives the application together with the application and related papers.

3. When sending a dossier to the Court, the agency which receives the application from the person concerned must also enclose a fee collection receipt (a carbon copy).

Article 34.-

1. When sending an application requesting the Court to declare the bankruptcy of an enterprise, those creditors who have no guarantee and those creditors who have partial guarantee must advance 300,000 VND as fee for the settlement of the bankruptcy. This advance payment for fee shall be refunded by the indebted enterprise to the creditors in case the Court declares the enterprise bankrupt or the Court issues a decision suspending the settlement of the application for declaring the enterprise bankrupt because the enterprise is no longer in the state of bankruptcy.

2. If the owner of the enterprise or its legitimate representative files an application requesting the declaration of the bankruptcy of the enterprise, he/she must advance 500,000 VND as fee for settling the bankruptcy.

3. The representative of a trade union who files an application requesting the declaration of the bankruptcy of the enterprise shall not have to make an advance payment as fee for settling the bankruptcy.

4. An enterprise which is declared bankrupt must pay a fee for settling its bankruptcy. The rate of fee for settling the bankruptcy of an enterprise is 1,000,000 VND. This fee shall be collected when the remaining assets of the enterprise which has been declared bankrupt are divided.

5. In case the Court issues a decision temporarily suspending or suspending the settlement of the application for declaring the bankruptcy of an enterprise, this enterprise must pay only 50% of the fee stipulated in Point 4 of this Article.

6. In case the Court issues a decision suspending the settlement of the application for declaring the bankruptcy of an enterprise, the advance payment of fee to settle the bankruptcy shall be remitted to the State budget; the enterprise which is no longer in the state of bankruptcy must refund the creditors the advance payments they have made for fees to settle the bankruptcy.

Article 35.-

1. The liability to pay fee in sending an application requesting the Court to declare whether a strike is legal or illegal is stipulated as follows:

An employer who sends an application requesting the Court to declare a strike illegal must pay a fee of 1,000,000 VND; he/she must advance 50% of this fee.

2. The following cases are not liable to pay fees:

a) The executive committee of a trade union at grass-roots level which requests the Court to declare a strike legal;

b) The provincial Confederation of Labor which requests the Court to declare a strike legal or illegal;

c) The provincial labor organization which requests the Court to declare a strike legal or illegal;

d) The People�s Procuracy which starts a prosecution requesting the Court to declare a strike illegal.

Article 36.- In the following cases, the advance payment of fee requesting the Court to declare a strike illegal shall be handled as follows:

1. If the employer who has advanced payment for fee withdraws his/her application before the opening of a hearing, he/she shall be refunded 50% of the advance payment.

2. If before opening a hearing, the Court can reconcile the parties concerned in settling the strike, the employer shall be refunded 50% of the advance payment of the fee.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 37.- If the accused or person concerned is a foreigner, he/she must pay Court charges and fees as stipulated in this Decree, unless otherwise provided for by an international treaty which the Socialist Republic of Vietnam has signed or acceded to.

Article 38.- When the price index on the market fluctuates 20% or more, the Ministry of Justice and the Ministry of Finance shall cooperate with the Supreme People�s Court in adjusting the rates of Court charges and fees specified in this Decree.

Article 39.- This Decree takes effect 15 days after the date of its signing.

This Decree replaces Decree No.117-CP of September 7, 1994 on Court charges and fees.

All stipulations made earlier on Court charges and fees are now annulled.

Article 40.- The Ministry of Finance and the Ministry of Justice shall cooperate with the Supreme People�s Court in giving detailed guidance on the collection, remittance, use and management of Court charges and fees stipulated in this Decree.

On behalf of the Government,

For the Prime Minister,

Deputy Prime Minister,

PHAN VAN KHAI